Ord 40-07
l
ORDINANCE NO. 40-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53,
"SANITARY SEWERS", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, BY AMENDING SECTION
53.130, "USER CHARGES; WHOLESALE SEWER RATES;
CALCULATION OF SEWER SURCHARGE", SUBSECTION
53.130(D), TO PROVIDE FOR INCREASED RESIDENTIAL
AND NONRESIDENTIAL/COMMERCIAL RATES FOR FY
2008; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, to provide for accurate accounting of services, the City Commission
desires to more accurately reflect the payment for services provided for the rendition of sewer
services on a prorated basis.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Tide V, "Public Works", Chapter 53, "Sanitary Sewers", Section
53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", subsection
53.130(D), of the Code of Ordinances of the City of Dekay Beach, Florida, is hereby amended to
read as follows:
(D) The following rates and charges shall be collected from the users of the City
sewerage system:
(1) Residential dwelling units. A monthly sanitary sewer service
charge is imposed upon each residential dwelling unit, as more specifically set forth hereinafter, to
which sanitary sewage service is available through the facilities afforded by the municipally-owned
sewerage system, according to the following schedule:
t \
/ `
Residential Inside City Outside City
(a) Capacity charge (per
residential dwelling
unit):
(b) Commodity charge
(based on metered
water with maximum
of 12,000 gallons):
(c) South Central
Regional Wastewater
Treatment and
Disposal Board (per
1,000 gallons)
X4.94 15.69 19.61
4~ ~ ~ ~
A:48 Q;Q$ 4-23 ~
NOTES: Where no water service is provided and the user is connected to the sanitary sewer
system, the commodity charge shall be based on the maximum of 12,000 gallons. This is in addition
to the capacity charges as set forth above.
Where no water service is provided and the user is not connected to the sanitary
sewer system, and sewer service is available for connection, there will be a capacity charge as set
forth above.
(2) Nonresidential/commercial units. A monthly sanitary sewer service charge is
imposed upon each commercial and nonresidential unit to which sanitary sewage service is available
through the facilities afforded by the municipally-owned sewerage system, according to the
following schedule:
2 ORD. NO. 40-07
Nonresidential/Commercial Inside City Outside City
(a) Capacity charge (per meter):
3/4-inch meter 44.94 15.69 ~8:~ 19. 1
1-inch meter ~2 26.17 34~b 32.71
1-1/2 inch meter 49:Ei5 52.13 !~~ 65.17
2-inch meter X9:48 83.45 99~.~Ei 1 . 2
3-inch meter 44$3 182.7 ~~ 228.41
flinch meter 3434 328.80 zn~ 411.00
6-inch meter H9~:+94 7 .74 8H9:~3 913.42
8-inch meter ~ 1~ 1253.69 4~49y 44 1 7.11
10-inch meter ,~9~4 19 . 4 ~(~4 24 1.
(b) Commodity charge: 4~~ ~ 2.39
City per 1,000 gallons)
(c)South Central Regional 9~8 ~ ~ 1.23
Wastewater Treatment and
Disposal Board (per 1,000
gallons)
NOTE (1): For those nonresidential/commercial units where water service is not available, and the
user is connected to the sanitary sewer system or sewer service is available, the capacity charge will
be set forth above. The commodity charge shall be based on the average usage for the type of
business or nonresidential use.
(3) Sewerage flow determination. The number of gallons of monthly
sewerage flow for residential and nonresidential/commercial units shall be based upon the water
usage for those units as indicated by a water meter, unless a customer installs at no cost to the City a
separate meter to measure the actual sewerage flow from the subject unit. A separate meter may be
used to measure actual sewerage flow for the calculation of charges only when the location,
installation, and type of meter have been approved by the City Manager or his designee.
(4) When effective. The initial rates for charges shall be effective the
first day of the month following the date when the system is constructed, certified for use by the
consulting engineer, and accepted by the City.
3 ORD. NO. 40-07
~ ~.
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
c 'on That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 4. That this ordinance shall become effective on October 1, 2007.
PASSED AND ADOPTED in regular session on second and final reading on this
18~' day of September, 2007.
.~ ~ .
Q.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading ~ fl
ORD. NO. 40-07
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~~~
DATE: SEPTEMBER 14, 2007
SUBJECT: AGENDA ITEM # ~ ~• L.. -REGULAR MEETING OF SEPTEMBER 18, 2007
ORDINANCE NO.40-07 (AMENDING CHAPTER 53 "SANITARY
SEWERS")
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading to amend Chapter 53 "Sanitary Sewers" of
the Code of Ordinances by modifying Section 53.130, "User Charges; Wholesale Sewer Rates;
Calculation of Sewer Surcharge" to provide for changes in residential and nonresidential/commercial
rates for FY 2008. These new rates go into effect on October 1, 2007.
BACKGROUND
This ordinance proposes a 5% increase in capacity and commodity charges. At first reading on
September 4, 2007, the Commission passed Ordinance No. 40-07.
FUNDING SOURCE
N/A
RECOMMENDATION
Recommend approval of Ordinance No. 40-07 on second and final reading.
S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 40.07 SEWER 091807.doc
ORDINANCE N0.40-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53,
"SANITARY SEWERS", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, BY AMENDING SECTION
53.130, "USER CHARGES; WHOLESALE SEWER RATES;
CALCULATION OF SEWER SURCHARGE", SUBSECTION
53.130(D), TO PROVIDE FOR INCREASED RESIDENTIAL
AND NONRESIDENTIAL/COMMERCIAL RATES FOR FY
2008; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, to provide for accurate accounting of services, the City Commission
desires to more accurately reflect the payment for services provided for the rendition of sewer
services on a prorated basis.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section
53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", subsection
53.130(D}, of the Code of Ordinances of the Ciry of Delray Beach, Florida, is hereby amended to
read as follows:
(D) The following rates and charges shall be collected from the users of the Ciry
sewerage system:
(1) Residential dwelling units. A monthly sanitary sewer service
charge is imposed upon each residential dwelling unit, as more specifically set forth hereinafter, to
which sanitary sewage service is available through the facilities afforded by the municipally-owned
sewerage system, according to the following schedule:
Residential Inside City Outside City
(a) Capacity charge (per
residential dwelling
unit):
X494 15.69 ~5.~ 19.61
(b) Commodity charge
(based on metered
water with maximum
of 12,000 gallons):
(c) South Central
Regional Wastewater
Treatment and
Disposal Board (per
1,000 gallons)
8:98 Q~$ ~3
NOTES: Where no water service is provided and the user is connected to the sanitary sewer
system, the commodity charge shall be based on the maximum of 12,000 gallons. This is in addition
to the capacity charges as set forth above.
Where no water service is provided and the user is not connected to the sanitary
sewer system, and sewer service is available for connection, there will be a capacity charge as set
forth above.
(2) Nonresidential/commercial orate. A monthly sanitary sewer service charge is
imposed upon each commercial and nonresidential unit to which sanitary sewage service is available
through the facilities afforded by the municipally-owned sewerage system, according to the
following schedule:
2 ORD. NO. 40-07
Nonresidential/Commercial Inside City Outside City
(a) Capacity charge (per meter):
3/4-inch meter 44:44 15.69 48:~ 19.61
1-inch meter ~2 26.17 345 2.71
1-1/2 inch meter 49:6 52.13 ~$~ 65.17
2-inch meter X9:48 83.45 49~ 104.32
3-inch meter 44:93 182.7 LYY7J 228.41
4-inch meter z'~.44 328.80 znTi-~ 411.00
6-inch meter H4§:94 7 .7 SH4:93 913.42
8-inch meter "~ 12 1 A~ 1567.11
10-inch meter 4899:§ 198 .04 '2:44 2481.29
(b) Commodity charge: 4~
City per 1,000 gallons)
(c)South Central Regional 9:9$ 0~9 4~3 l
Wastewater Treatment and
Disposal Board (per 1,000
gallons)
NOTE (1): For those nonresidential/commercial units where water service is not available, and the
user is connected to the sanitary sewer system or sewer service is available, the capacity charge will
be set forth above. The commodity charge shall be based on the average usage for the type of
business or nonresidential use.
(3) Sewerage flow determination. The number of gallons of monthly
sewerage flow for residential and nonresidential/commercial units shall be based upon the water
usage for those units as indicated by a water meter, unless a customer installs at no cost to the City a
separate meter to measure the actual sewerage flow from the subject unit. A separate meter may be
used to measure actual sewerage flow for the calculation of charges only when the location,
installation, and type of meter have been approved by the City Manager or his designee.
(4) When effective. 'The initial rates for charges shall be effective the
first day of the month following the date when the system is constructed, certified for use by the
consulting engineer, and accepted by the City.
3 ORD. NO. 40-07
'on 2. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 3• That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 4. That this ordinance shall become effective on October 1, 2007.
PASSED AND ADOPTED in regular session on second and final reading on this
the day of , 2007.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
ORD. NO. 40-07
Boca Raton/Delray Seach News -Friday-Saturday, September 7$, 2007 • www.bocanews.com
(Xr1I OF DELRAY BEACN,FLOftlDA
NOTICE OF PUBLIC HEARING
A Pl18LtC HEARING wi! be beld on
~ ~~n9 Proposed ord'atartces at
7:00 p.m. on TUESDAY, SEPTEM-
BER 78, 2007 or aL any oontirwation
of such- meeting which a set by tbe
Commission), in the City Commission
Chambers, 100 N.W. 1st Avenue, Del-
ray Beach, Florida, at wlNCh time Ote
City Commission will consider their
adoption. The proposed ordinances
may be ~spected at the Office of the
City Clerk at City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida, be-
tween the hours d 8:00 a.m. and 5:00
p.m., Monday through Friday, except
holidays. AI interested parties are in-
vited Io attend and be heard wah re-
spep roOle proposed ordinances.
ORDINANCE N0.3607
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULA-
TIONS OF THE CITY OF DELRAY
BEACH, BY AMENDING SECTION
2.2.3, 'THE SITE PLAN REVIEW AND.
APPEARANCE BOARD", SUBSEC-
TION (D), °DUTIES, POWERS ANO
RESPONSIBIUTIES', AND SECTION
2.2.4, °THE BOARD OF ADJUST-
MENT", SUBSECTION (D), "DUTIES,.
POWERS AND RESPONSIBILITIES',
TO PROVIDE FOR A METHOD FOR
APPEALS; AMENDING SECTION.
2.4.0, 'PROCESSING SCHEDULES',
IN ORDER TO PROVIDE 30 DAYS
FOR REVIEW OF BEACH pROpER-
TY PLANS IN ACCORDANCE WITH
THE BEACH PROPERTY OWNER'S
DESIGN MANUAL; AMENDING SEC-
TION 4.4.3, `SINGLE FAMILY RE$1-
DENTIAL (R-1) DISTRICTS', SUB-
. SECTK)NS (A), `PURPOSE AND IN-
TENT", (E), "REVIEW AND APPROV-
AL PROCESS', (F), °DEVELOPMENT'
STANDARDS", AND (G);
'SUPPLEMENTAL DISTRICT REGU-
LATIONS', AND AMENDING SEC-
TION 4.5.13, "NORTH BEACWSEA-
GATE AND OCEAN NEIGHBOR-
HOOD OVERLAY DISTRICTS", TO
PROVIDE THAT VISUAL COMPAT-
IBIUTY MAY BE REGULATED IN AG
CORDANCE WITH THE NORTH.
BEACH AND SEAGATE NEIGHBOR-~
HOODS DESIGN MANUAL; PROVID-'
ING A SAVING CLAUSE, A GENER-
AL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
ORDINANCE N0.37-07
IAN ORDINANCE OF THE CITY COM-
MISSION OF THE GTY OF DELRAY
BEACH, FLORIDA, AMENDING THE'
LAND DEVELOPMENT REGULA-I
TIONS OF THE CITY OF DELRAY
BEACH, AMENDING APPENDIX 'A"
BY ENACTING DEFINITIONS FOR
'ADULT MATERIAL", "SPECIFIED
ANATOMICAL AREAS" AND
'SPECIFIED SEXUAL ACTIVITIES';
PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE:
ORDINANCE N0.39-07
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING
CHAPTER 52, "WATER", OF-THE
CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, BY
AMENDING SECTION 52.34,
'WATER RATES", SUBSECTION
52.34(8), TO PROVIDE FOR CHANG-
ES IN RATES FOR FY 2006;. PRO-
JIDING AGENERAL REPEALER
CLAUSE, A SAVING CLAUSE, ANO
4N EFFECTIVE DATE.
ORDINANCE N0.40-07 I
/IDE FOR INCREASED RESIDEN-
TIAL AND NONRESIDENTIAUCOM-
dERCIAI AATES FOR FY 2008;
'ROVIDING A GENERAL REPEALER
:CAUSE, A SAVING CLAUSE, AND
IN EFFECTIVE DATE
ORDINANCE N0.41-07
BEACFF, RY AMENDINGSECTION
51.70. 'REGULAR CHARGES LEV-
IED, i0 PROVIDE FOR INCREASED
RESIDENTIAL AND COMMERCIAL
COLLECTION SERVICE RATES FOR !
FY 2008; PROVIDING AGENERAL
REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE
DATE.
ORDINANCE N0.42-07
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING
CHAPTER 50, °UTILITIES GENER-
ALLY; PUBLIC SERVICE TAX", SEC-
TION 50.15, "LEVY OF TA%", TO
PROVIDE FOR AN INCREASE IN
THE TA% CHARGED; PROVIDING A
SAVING CLAUSE, A GENERAL RE-
PEALER CLAUSE, AND AN EFFEC-
TIVE DATE.
ORDINANCE N0.43-07
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE
CODE OF ORDINANCES, BY
AMENDING CHAPTER 59,
'RECLAIMED WATER", SECTION
59.06, "USE OF RECLAIMED WATER
WITHIN THE CITY OF DELRAY
BEACH UTILITY SERVICE AREA",
TO PROVIDE THAT ALL CUSTOM-
ERS SHALL CONNECT TO THE RE-
CLAIMED WATER SYSTEM; AMEN0.
ING SECTION 59.09, "FEES, RATES
AND CHARGES", TO INCREASE THE
WHOLESALE RATE AND AMENDING
SECTION 59.13, 'APPROVED USES '
OF RECLAIMED WATER"TO PRO-
VIDE FOR HOURS OFUSE FOR IR-
RIGATION; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE
DATE.
ORDINANCE N0.44-07
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULA-
iIONS OF THE CODE OF ORDI-
NANCES, BY AMENDING SECTION
2.4.3, "SUBMISSION REQUIRE-
MENTS", SUBSECTION 2.4.3(K),
"FEES", SUB-SUBSECTION
2.4.3(K)(1 ), "DEVELOPMENT APPU-
-CATIONS', TO REDUCE. THE FEE
FOR HISTORIC PRESERVATION j
BOARD VARIANCES; PROVIDING A ~
SAVING CLAUSE, A GENERAL RE-'
PEALER CLAUSE, AND AN EFFEC-I
TIVE DATE.
Please be advised That it a person de-
cides to appeal any decision made by
the City Commission with respect la
any matter considered al these hear-
ings, such person may need to ensure
that a verbatim record includes the
testimony and evidence upon which
the appeal is to be based. The City
does nol provide nor prepare such
record pursuant b F S. 286.0105.
CITY OF DELRAY BEACH
Chevelle D Nubin, CMC
City Clerk
Publish: Friday, September 7, 2007
Boca Raton/0elray Beach News
10
`q ~~
A~'"
;HAPTER 51, 'GARBAGE AND ~
RASH', OF THE CODE OF ORDI-